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Medical Negligence Claims - Clinical Negligence Solicitors
If you’ve suffered from an illness or injury, as a result of medical negligence, within the last three years, you may be eligible to make a claim.
Our team of expert clinical negligence solicitors are highly experienced in getting our clients access to the rehabilitation and compensation that you deserve. Our team of medical negligence lawyers are based at our Newcastle head office but we can assist anyone in living in England and Wales with their clinical negligence claim.
We operate on a No Win, No Fee basis, meaning that there are no upfront costs to you. We offer a free initial, no obligation assessment of your case.
Call us on 0344 854 7000 to discuss your claim, or submit your details below and we’ll call you back at a time convenient for you.
What is classed as medical negligence?
This is the broad term used to describe mistakes, accidents and poor care administered by medical staff, in both the NHS and private healthcare practices. It includes any medical treatment whether it is provided at hospitals, GP surgeries, health centres or even at home.
Common types of negligence include misdiagnosis, surgical error, and prescribing patients with incorrect medication or administering the wrong treatment. All of these issues can contribute to making an existing illness or injury worse.
How do I make a medical negligence claim?
If you have suffered an illness or injury that was made worse due to negligent medical treatment, administered within the last three years, you could be entitled to make a claim.
You can start the claims process by contacting our First Response Team on 0344 854 7000. A member of our friendly team will ask you a series of questions to outline the details of your case which will help us to determine if you’re likely to have a successful claim. Alternatively you can submit your details using our online enquiry form below and we will contact you at a time convenient for you.
Our medical negligence solicitors are experienced in helping clients with their claims and will handle your case with empathy and understanding. Read our guide to making a medical negligence claim to find out more.
What are the most common types of medical negligence?
When things go wrong as a result of medical misconduct it can have a life-changing effect, not only for you but for your family too. Why should you suffer as result of someone else’s incompetence? Our lawyers are experienced in obtaining medical injury compensation for those that have received treatment in the following areas:
- GP negligence such as a failure to investigate symptoms or to act on test results.
- Misdiagnosis or a delay in diagnosis.
- Surgical negligence such as poor operating procedures, instruments left inside the body or the wrong operation being performed.
- Dental negligence claims for people who have suffered substandard dental treatment leading to avoidable tooth loss or making a dental condition worse.
- Hospital negligence including patient dehydration and malnourishment, pressure sores claims and hospital-contracted infections such as MRSA.
- Medication errors when the wrong medicine is prescribed or drugs are administered in the wrong dosage.
- Birth injuries to mothers and children or inadequate prenatal and postnatal care.
- Negligent cosmetic procedures such as breast implants, face lifts, rhinoplasty (nose jobs), injections or liposuction.
- Lack of consent claims where a healthcare professional provides treatment without first explaining the risks.
- Accident and emergency negligence claims against issues such as the failure to check a patient’s medical history, or missed fracture compensation.
Is there a time limit for making a medical negligence claim?
In most cases you need to start your claim within three years of receiving the treatment, or within 3 years from the date when you first became aware that your injury or illness was the result of negligence. The exceptions to this rule are when cases involve children or those who are mentally incapacitated to make a claim themselves.
Children do not face the claims time limit of three years as a claim can be made by an adult on their behalf at any time before they turn 18. There is no time limit to make a claim for those who are mentally incapacitated to make a claim themselves. Read our guide on making a medical negligence claim on the behalf of a child for more information.
If a loved one has died due to negligent treatment, the three-year time limit runs from the date of death.
What are the costs involved in making a claim?
We handle claims on a No Win, No Fee basis. This simply means that should we not win your case, you will not need to pay us a penny to cover your legal fees. If your case is won you will pay us what is known as a ‘success fee’ which is 25% of the compensation amount obtained.
We will assess the merits of your case when you contact us and if we deem your case to be admissible we will not take it on.
Read our guide on how personal injury claims are funded for more information.
What kind of compensation will I receive?
Medical negligence payouts depend on a number of different factors including:
- The extent of your physical pain and suffering
- The severity of your injuries or illness
- Medical and care expenses incurred as a result of the negligent treatment
- Current and future income loss
- Any home or car adaptations that you have had to make
Your solicitor will take all of the above into consideration when quantifying your claim.
Use our free compensation calculator below to get an idea of how much your physical injuries may be worth:
Why choose us to pursue your medical negligence claim?
At TRUE Solicitors LLP, we know that making a claim against a hospital or your doctor is a daunting prospect. We have a specialised team to deal with these claims and they, in turn, have access to barristers experienced in this type of law. Along with senior medical professionals in all areas of speciality, to support your claim.
We handle all types of claims including:
Gynaecology & Pregnancy
Pressure sore claims
For a free, no obligation initial assessment contact us now on 0344 854 7000. Alternatively, you can email us at email@example.com, or submit an enquiry via the form on our website, and we will contact you without delay to discuss your case.
Our ‘No Win, No Fee’ service gives our clients peace of mind.
Submit Your claim – we will establish who was at fault and submit a claim on your behalf.
Gather the Evidence and Arrange Treatment – we will collect all of the evidence needed to prove your claim, arrange a medical examination for you, and if appropriate arrange treatment to assist with your recovery.
Win Your Claim – we will fight hard on your behalf to recover maximum compensation in the shortest time.
How long will my claim take?
The length of medical negligence claims depends on whether the other party admits fault, the severity of the injury and the extent of the claim for losses and expenses. Straightforward medical negligence claims may settle within a few months, whereas complex cases may take in excess of a year.
Usually the person who receives the negligent treatment is the one to make the claim. However, it is possible to make a claim on behalf of someone else in certain circumstances. A claim can be made on behalf of someone else if the injured person is under the age of 18, lacks mental capacity or if you are the personal representative of someone who has sadly died.
If your child has sadly suffered illness or injury due to negligent treatment, you are able to make a claim on their behalf, as their Litigation Friend, at any time up until they turn 18.
If we take on your case, we will work to establish what negligent treatment occurred and how this has directly affected your child. This will consider the injuries they have sustained but also any future conditions or care needs that may be attributable to the negligence. In order to quantify your child’s compensation, it may be necessary to wait until they are older in order to fully understand the impact of the injuries or illness. If this is the case then it may be possible to seek to obtain interim payments to help cover your child’s ongoing medical and/or care needs, until the full extent of their injuries is known.
If settlement is achieved on behalf of your child it is necessary for it by approved by the Court. This allows a Judge to consider the injuries and approve the amount of the settlement. Once approved the settlement money is put into a Special Investment Account on behalf of your child. This can be accessed by them once they turn 18, although it is possible, with Court approval, to request release of monies before then provided there is a compelling reason to do so.
It is highly likely that you will need to undergo a medical examination when making a medical negligence claim. Your solicitor will arrange for you to see an independent medical expert who will assess you to determine how the negligent treatment has affected you. They will also consider your current condition and future prognosis. In some cases they will provide advice on your future care needs, if these are attributable to the negligent treatment. They will provide your solicitor with the evidence they need to quantify the amount of compensation you may be entitled to for the injuries you have suffered.
It is understandable to worry that making a claim against a medical professional or NHS trust will affect your current treatment, however a medical negligence claim should never have a negative impact on any ongoing or future treatment that you receive. Despite this, if you feel that you have lost trust in your doctor you may consider it appropriate for you to be referred to a different doctor. If that were to happen it should not affect your ongoing or current treatment.